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Rural Area Flexibility Analysis - Adopted Part 494

6 NYCRR Part 494, Hydrofluorocarbon Standards and Reporting

1. Types and Estimated Numbers of Rural Areas:

The proposed rulemaking will apply statewide, and there are no requirements in the proposed rule that would apply only to rural areas.

2. Reporting, Record Keeping and Other Compliance Requirements; and Professional Services:

The proposed rulemaking establishes prohibitions on certain hydrofluorocarbon substances in specific end-uses and mandates record-keeping and written disclosure statement requirements on certain manufacturers. There are no specific prohibitions in the proposed regulation that apply exclusively to rural areas, and the compliance requirements apply regardless of whether the regulated entity is located in a rural area.

3. Costs:

Although the largest number of affected businesses are food stores, which may also be located in rural areas, the EPA analysis did not consider the regulatory provisions of Part 494 to incur new costs on those stores. This conclusion was found the EPA's nationwide economic impacts analysis conducted in its rulemakings promulgated pursuant to the Clean Air Act and Significant New Alternatives Program (SNAP) in 2015 and 2016 adopting similar provisions in Part 494 but have since been partially vacated by the courts.

4. Minimizing Adverse Impact:

The Department has considered the issues and determined that Part 494 will not have an adverse impact on rural areas.

5. Rural Area Participation:

The Department conducted pre-proposal, stakeholder outreach throughout 2019, beginning with two public webinars held on November 14 and 18, 2018 to discuss the likely provisions of Part 494. Additional meetings regarding specific sectors also occurred, such as a meeting with the equipment manufacturing sector on December 11, 2018 and the foam-blowing sector on February 26, 2019. The stakeholder groups consisted of the regulated community to be affected by the proposed regulation, consultants, and interested environmental advocacy groups. The Department will hold public hearings on Part 494 in upstate and other rural areas and will notify interested parties of this proposed rulemaking.